923 FAQs where found , 30 in this page
The bankruptcy process is the mechanism that is developed in federal court following bankruptcy laws established in the United States, to protect and assist individuals or businesses in solving problems of payments to other institutions known as creditors. Learn More
Chapter 7 is part of the bankruptcy law that allows for a person to discharge specified debts by filing a case in the bankruptcy court, turning over all non-exempt properties and assets to a court appointed trustee, and following the rules set by the court. A person who files for a Chapter 7 bankruptcy is called a debtor. Learn More
Someone who qualifies for a Chapter 7 bankruptcy meets certain criteria. Any person whose current income is sufficient to repay a large portion of his or her debts should not file for Chapter 7, as the court may dismiss the case as an abuse of Chapter 7. In addition, if you have previously filed a bankruptcy within a certain period of time, or if the court believes you are committing fraud against your creditors, you will not be able to file a Chapter 7 bankruptcy. It is important to contact our bankruptcy lawyers. They can help you recognize if you are a good candidate for Chapter 7. Learn More
If an individual discharged debt under a Chapter 7 bankruptcy within the past eight years or under a Chapter 13 bankruptcy within the past six years, then the debtor is ineligible for Chapter 7. If a debtor failed to meet the credit counseling requirements, the individual will not be eligible to file Chapter 7. In addition, if the debtors income is high enough to repay a portion of their debt, he or she will not be able to file. Learn More
Before you file bankruptcy, you must complete a credit counseling course pre-approved by the bankruptcy court, including 180 days of bankruptcy petition, and present evidence to the court that the course has been passed. There are free agencies in Miami for credit counseling. You can contact Gallardo Law Offices for more information on credit counseling. Learn More
Chapter 7 eliminates almost all debts, but there are some that remain after the bankruptcy discharge, such as: student loans, fines due to government agencies, child support and spousal support or alimony debts. Learn More
Chapter 7 cases are filed in the office of the clerk of the Bankruptcy Court in the district where the debtor resided or maintained a place of business for the larger portion of the 180 days prior to filing. Learn More
You must stop using credit cards if you are considering filing bankruptcy. The judge presiding over your case will review all of your debts and can establish recent purchases as fraudulent activity. Learn More
Yes, you can get new credit cards. You will be able to restore your credit again long before you finish the set payments; you only need the approval of the bankruptcy court. In some cases, it might happen that the interest on loans is higher due to a bankruptcy. You can find more information in our website www.GallardoLawFirm.com, in the section on credit and bankruptcy. Learn More
Yes, they may, using the same set of forms. Learn More
Husband and Wife should file jointly if some of the debts are owed by both. If both spouses are listed for any of the debt and only one of them files for Chapter 7, creditors may attempt to collect payments on those debts from the spouse that did not file bankruptcy. Learn More
It is illegal for any employer, either public (government) or private, to discriminate against a person in regards to employment if that person has filed for Chapter 7 bankruptcy. It is also illegal for any government agency to discriminate against a person when seeking any license, permit, or any similar documentation because the person seeking such documents has filed for Chapter 7 Bankruptcy. Learn More
Under federal law, certain properties and assets can be declared exempt and cannot be seized by creditors. A debtor may keep exempt property. It is only necessary for a debtor to turn over non-exempted property to the trustee. Learn More
A trustee is a court appointed officer responsible for gathering a debtors nonexempt property, selling it, and using the funds received to pay off creditors. The trustee also has certain administrative duties, including the responsibility of making sure debtors follow through with the obligations in their bankruptcy case. Learn More
The length of a Chapter 7 Bankruptcy case depends on how the trustee takes to gather and sell a debtors assets, and perform his other case duties. If the debtor has no assets or property determined to be nonexempt for the trustee to gather, the case will more than likely be closed soon after a notice of discharge is received by the debtor. Learn More
Act Fair Debt Collection Practices (FDCPA) allows you to take legal action against debt collectors who illegally intimidate you, call you at odd hours, make false allegations about debts, and any other acts prohibited by law. Learn More
You do not have to argue anything with a collector unless you want to. You are not mandatory to answer the phone. You are not mandatory to talk to a collector. You are not mandatory to answer questions of collection. You do not need to tell the truth about your financial affairs. It is necessary to recognize that you owe money. This is very important if you are claiming an old debt. If you recognize the debt, this could actually extend the length of time that the collector can be sued for it. Learn More
You can receive up to $ 1,000 per case. You can sue for statutory, punitive and actual damages for stress-related injuries and others. Learn More
Yes, Many of these attacking and ruthless companies call to tell your employer about your debt, use putrid language, threaten to put him in jail or claim to be a police officer or Federal employee. All these actions are illegal and violate the FDCPA. Learn More
A creditor may only contact you between the hours of 8:00am and 9:00pm. Learn More
The creditor must show proof that you have the debt within the period of time that you were contacted. If the accusation is untrue and the creditor continues to intimidate you, you can contact a law firm to obtain effective legal aid. Learn More
They are, but with restrictions. If you tell them in writing that they are not allowed to contact you at work, then they cannot. If they do it, it is a violation of the law. They may not discuss your debt with your employer in any way. Learn More
Credit is a word derived from the Latin credititus and means to build confidence. Credit is an economic action by which a person or institution provides money, goods, or serviceids with the expectation of future payment. Learn More
Sure, you can buy a home again if you want. You will need a loan from the federal department of housing in order to complete your purchase. After 2 years of the declaration of bankruptcy the approval is very feasible. If the bankruptcy was due to medical debts you may request to purchase the home only a year after bankruptcy. Learn More
The bankruptcy process is a mechanism of laws developed in federal court with the purpose of protecting and assisting individuals or businesses in solving their payment disputes with creditors. filing bankruptcy stops creditors from seeking to collect debts from you during the bankruptcy process. Learn More
The cost depends on how complex the case will be. However, resolving your financial issues today will very likely result in a better financial future for you and your family. Learn More
Bankruptcy discharges debts, making possible a fresh financial start. It also stops foreclosure on your property and prevents the repossession of your car or other assets you may have. In addition, it prevents termination of utility and restores it. Learn More
Most probably you will only have to go to a meeting with creditors in order to meet them and the bankruptcy trustee. In the case that you need to dispute a debt, then you might have to appear before a judge. Learn More
No, they will not be contacted. Learn More
There are a few examples of ways collection agencies can cross the line and you have the right to send them a certified letter stating that you are being harassed. In order to avoid liability they will either offer to cancel the debt or settle at a fair rate. Some examples of ˜crossing the line include: Use violence or threatening to harm your reputation, take away your property, etc. Use disrespectful or obscene language. Misrepresenting the collection agency by saying they call on behalf of state or federal government or false implication saying they are a lawyer or law enforcement officer. Giving wrong information about the amount of money owned. Insinuating that failing to pay the debts will result in arrest or imprisonment. Constant calls. Learn More